Legal Opinion

Johnson & Johnson v. Chief Freight Lines Co., Joy Cartage Co. And Graves Truck Lines, Inc.

Court of Appeals for the Fifth Circuit

Decided June 28, 1982No. 81-2332PublishedCited by 13 opinions

1Opinion of the Court

REAVLEY, Circuit Judge:

This appeal is from a final judgment entered in favor of a shipper, Johnson & Johnson, in an action brought under the Car-mack Amendment, 49 U.S.C. § 11707 (formerly codified at 49 U.S.C. § 20(11)), against three motor carriers — Chief Freight Lines Company, Joy Cartage Company, and Graves Truck Lines — to recover damages for the loss in transit of 990 cases from a shipment of baby shampoo, baby lotion, and baby powder. We affirm.

In a suit to recover damages for loss of goods in transit under the Carmack Amendment, the shipper establishes a prima facie case by proving…

2Cases cited2 opinions

  1. Missouri Pacific Railroad v. Elmore & StahlSupreme Court of the United States · 1964
  2. The Dublin Company v. Ryder Truck Lines, Inc.Court of Appeals for the Fifth Circuit · 1969

3Cited by13 opinions

  1. Hoskins v. Bekins Van LinesCourt of Appeals for the Fifth Circuit · 2003
  2. Continental Grain Company v. Frank Seitzinger Storage, Inc. v. Burlington Northern Railroad Company, A/K/A Burlington Northern RailwayCourt of Appeals for the Eighth Circuit · 1988
  3. Man Roland, Inc. v. Kreitz Motor Express, Inc.Court of Appeals for the Fifth Circuit · 2006
  4. Allied Tube & Conduit Corporation v. Southern Pacific Transportation CompanyCourt of Appeals for the Seventh Circuit · 2000
  5. In Re Rolland, Texas Court of Appeals, 3rd District (Austin)2001

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